| (1) |
PEB(s) must only be broadcast during the election broadcast period; |
| (2) |
A party that seeks to broadcast a PEB must submit the same to the broadcasting service licensee at least five (5) days prior to the broadcast thereof; |
| (3} |
A commercial or community broadcasting service licensee that seeks to broadcast PEB must inform the Authority, in writing, of its intention to do so five (5) days prior to the election broadcast period; |
| (4) |
A broadcasting service licensee that is obliged, or intends to broadcast PEB must ensure that the PEB conforms to a technical quality acceptable to the Authority namely: |
| (a) |
Audio and video recording shall be of the highest professional quality; |
| (b) |
Audio and video recordings are to be supplied on compact disc (CD); and |
| (c) |
Audio and video recordings will be clearly labelled, outlining the name of the political party and appointed nominee; |
| (5) |
The technical standards are as follows; |
Radio: Electronically in MP3 format or on CD format in broadcast quality standard; and
Television: On broadcast quality DVD playable on standard DVD player format or in broadcast quality Beta format;
| (6) |
A broadcasting service licensee, to whom a PEB has been submitted by a party for broadcast; |
| (a) |
Must not in any way edit or alter the content of the PEB; |
| (b) |
Ensure that all PEB(s} broadcast by it are clearly identified as such; |
| (c) |
Ensure that all PEB(s) broadcast by it are identified or announced in a similar manner; |
| (7) |
A broadcasting service licensee that rejects a PES submitted to it by a party for broadcast must, within twenty four (24) hours of such rejection furnish the party concerned with written reasons for the rejection; |
| (8) |
A party whose PEB has been rejected in terms of sub-regulation (6) may alter or edit the PEB and re-submit it to the broadcasting service licensee concerned at !east seventy two (72) hours prior to it being broadcast; |
| (9) |
Where the broadcasting service licensee has rejected a PEB and the party concerned has confirmed in writing to the broadcasting service licensee that it will not be re-submitting the PEB. then the broadcasting service licensee must within twenty four (24) hours of the said confirmation notify the Authority of such rejection and must submit written reasons for the rejection to the Authority; |
| (10) |
A party whose PEB has been rejected and has no intention of altering or editing the PEB, may refer the matter to the Authority within twenty four (24) hours of being informed in writing of the rejection; |
| (11) |
A party that submits a PEB to a broadcasting service licensee for broadcast must ensure that the PEB does not: |
| (a) |
Contravene the provisions of the Municipal Electoral Act, the Electoral Act, the Electoral Code, the Constitution, the Act and the Broadcasting Act; and |
| (b) |
Contain any material that is calculated, or that in the ordinary course is likely, to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act; |
| (12) |
A party that submits a PEB for broadcast to a broadcasting service licensee is deemed to have indemnified the broadcasting service licensee against incurred costs, damages, losses, and third party claims arising from the broadcast or non-broadcast thereof; |
| (13) |
A broadcasting service licensee that broadcasts PEB(s) must: |
| (a) |
Make available, every day, throughout the election broadcast period, four (4) time-slots not exceeding two (2) minutes each; |
| (14) |
A PEB must not exceed two (2} minutes in duration; |
| (15) |
Content broadcast as PA cannot be broadcast as PEB and visa verse; |
| (16) |
A broadcasting service licensee must not transmit a PEB immediately before or after another PEB or PA; |
| (17) |
PEB air-time allocated to but not used by a party shall be forfeited by the party concerned; |
| (18) |
If a party fails to deliver the PEB to the broadcasting service licensee before the expiry of five (5) days prior to the broadcasting thereof, then the party is deemed to have forfeited its allocated airtime; |
| (19) |
In the event that a party elects to forfeit its allocated PEB air-time, then such air-time must not be allocated to another party but must be used by the broadcaster concerned for the purpose of broadcasting its normal programming or material; |
| (20) |
In the event that a party does not wish to use its allocated PEB air-time, the broadcasting service licensee concerned must not, during the relevant time-slot, in any way vary the sequence or scheduling of PEB(s); |
| (21) |
A broadcasting service licensee or party must not permit or engage in any interference with, or trade-offs in the sequence or scheduling of PEB(s). |
Supreme Court Act, 1959
